Liquidated Damages and Penalties:A Comparison of the Common Law and Certain International Approaches
thesisposted on 22.05.2019 by RICHARD JAMES MANLY
In order to distinguish essays and pre-prints from academic theses, we have a separate category. These are often much longer text based documents than a paper.
The thesis compares recent developments to the tests to be applied to engage the penalty doctrine in Australia and England with certain international approaches which apply a different test.All systems analysed evidence a common rational which is that stipulations with the aim or purpose of punishment will not be enforced.Recommendations are provided as to how the relevant test for legitimate interests which applies in Australia and England can be limited in its application.